Friday, September 20, 2013

Crimes of the South African Police Service

Marikana strikers did not disrupt police plan, Bizos argues
by Ernest Mabuza , 02 April 2013, 14:58

Thousands of striking miners, armed, angry and determined, massed at Marikana in August last year in defiance of the police who opened fire using live rounds. Picture: THE TIMES
VETERAN human rights lawyer George Bizos SC on Tuesday told national police commissioner Riah Phiyega that the crowd that assembled at Lonmin’s Marikana platinum mine on August 16 last year did not disrupt a plan by police to disarm and disperse them.
Instead, he told Gen Phiyega, the police disrupted the crowd
"The experts will say an excessive show of force is disruptive to peaceful crowds," Adv Bizos said during the hearings of the Marikana commission of inquiry, which is probing the deaths of 34 men who were on strike at the mine.
Gen Phiyega has defended the police action to disperse the crowd assembled at a koppie near the Nkaneng informal settlement on August 16, which left 34 people dead and more than 70 injured. She said there had been a plan in place to disperse the crowd, but the plan was disrupted.
Adv Bizos asked about her reliance on the statement that the "crowd disrupted the plan".
"What did the crowd do before the use of force to disrupt the plan?" he asked.
Gen Phiyega replied that the type of disruption she mentioned would best be explained by police commanders who had implemented the plan on August 16.
"They would talk about when it was disrupted for the first time and when it was disrupted for the second time," the police chief said.
Adv Bizos said another crowd management expert would say acts such as the use of force and cordoning off a crowd with razor wire could be considered highly provocative.
He also asked whether the use of water cannon, without any warning or explanation, could be seen as provocative. Gen Phiyega replied that if the police plan had not been disrupted, that decision would have been made.
Adv Bizos asked whether the use of tear gas and stun grenades without warning the mostly unarmed crowd could not be viewed as provocative. Gen Phiyega said it was not provocative.
"I am going to put to you that the blank denials on whether these were provocative acts would be contradicted by experts on the management of crowds," Adv Bizos said.
The commission continues.